Custodial parent laid off

[J.Clark]

What is the name of your state (only U.S. law)? Florida

I am recently Divorced and our Child Support was in effect as of June of this year. Since the child support was set, i have lost my job and am now on unemployment. My ex husband is threatening to modify and lower child support because my income is significantly lower. Also, because our 2 children are not going to daycare. Of course, daycare was included in the child support back in June. I do not send them to daycare for 1) because i am home now and 2) financially i cant afford it. He is also behind $3,600 ($2,370 being current past due) in child support.

I do plan on getting back to work ASAP and when i do, the kids will be going back to daycare as well. However, its been 4 months and I'm afraid this is going to look bad on my part and the judge be in his favor. I do have record of my job search and am still receiving unemployment.
Can he lower child support on those grounds?

Also, since the child support was set. He is not happy with the amount he has to pay. He is trying to cut back his hours at work, and even threatening to quit one of his jobs (he has 3) in order to pay me less (he has consistantly worked 3 jobs for the past 3 years). Can he do this?

On a side note, i have an email from him saying he wants 50/50 custody just so i will never receive a dime from him again. This is coming from a father that misses 30% of his scheduled visitations. He doesnt want the kids... he wants the money.

Thank you for any advice!

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida

I am recently Divorced and our Child Support was in effect as of June of this year. Since the child support was set, i have lost my job and am now on unemployment. My ex husband is threatening to modify and lower child support because my income is significantly lower. Also, because our 2 children are not going to daycare. Of course, daycare was included in the child support back in June. I do not send them to daycare for 1) because i am home now and 2) financially i cant afford it. He is also behind $3,600 ($2,370 being current past due) in child support.

I do plan on getting back to work ASAP and when i do, the kids will be going back to daycare as well. However, its been 4 months and I'm afraid this is going to look bad on my part and the judge be in his favor. I do have record of my job search and am still receiving unemployment.
Can he lower child support on those grounds?

Also, since the child support was set. He is not happy with the amount he has to pay. He is trying to cut back his hours at work, and even threatening to quit one of his jobs (he has 3) in order to pay me less (he has consistantly worked 3 jobs for the past 3 years). Can he do this?

On a side note, i have an email from him saying he wants 50/50 custody just so i will never receive a dime from him again. This is coming from a father that misses 30% of his scheduled visitations. He doesnt want the kids... he wants the money.

Thank you for any advice!

Never listen to your X about legal matters.

Instead, arm yourself with KNOWLEDGE. Knowledge is power.

Look in your divorce paperwork and find your CS order. Google up the FL guidelines for child support. There are calculators online, too.

I'd be willing to bet his CS would go UP, if it were recalculated today. However, CS is only revisited every couple of years.

In other words, your X is being a moron. No surprise, is it?

 

[TheGeekess]

What is the name of your state (only U.S. law)? Florida

I am recently Divorced and our Child Support was in effect as of June of this year. Since the child support was set, i have lost my job and am now on unemployment. My ex husband is threatening to modify and lower child support because my income is significantly lower. Also, because our 2 children are not going to daycare. Of course, daycare was included in the child support back in June. I do not send them to daycare for 1) because i am home now and 2) financially i cant afford it. He is also behind $3,600 ($2,370 being current past due) in child support.

I do plan on getting back to work ASAP and when i do, the kids will be going back to daycare as well. However, its been 4 months and I'm afraid this is going to look bad on my part and the judge be in his favor. I do have record of my job search and am still receiving unemployment.
Can he lower child support on those grounds?

Also, since the child support was set. He is not happy with the amount he has to pay. He is trying to cut back his hours at work, and even threatening to quit one of his jobs (he has 3) in order to pay me less (he has consistantly worked 3 jobs for the past 3 years). Can he do this?

On a side note, i have an email from him saying he wants 50/50 custody just so i will never receive a dime from him again. This is coming from a father that misses 30% of his scheduled visitations. He doesnt want the kids... he wants the money.

Thank you for any advice!

Most states will not review a CS order that quickly after establishment. As far as his email goes, keep it. It might be useful.

 

[J.Clark]

Thank you guys so much! You're making me more confident.

Its good to know they will not revisit a case so quickly.

The calculator is kind of what made me so nervous to begin with. It seemed keeping them in daycare was the biggest factor. Because you are correct. If i put in my current income, and his income WITH the daycare... it raised his child support. If i didnt include the daycare.... it lowered significantly. And currently they are not in daycare so i was worried.

I know this isnt a "legal" issue... but i guess i just feel morally wrong if Im not sending my kids to daycare and technically he is paying for it. Doesnt that look bad in the courst eyes? I just dont see why i would send my kids to daycare if im temporarily jobless and home!

Just want to be fair!

Thank you! Thank you! Thank you!

 

[Proserpina]

Thank you guys so much! You're making me more confident.

Its good to know they will not revisit a case so quickly.

The calculator is kind of what made me so nervous to begin with. It seemed keeping them in daycare was the biggest factor. Because you are correct. If i put in my current income, and his income WITH the daycare... it raised his child support. If i didnt include the daycare.... it lowered significantly. And currently they are not in daycare so i was worried.

I know this isnt a "legal" issue... but i guess i just feel morally wrong if Im not sending my kids to daycare and technically he is paying for it. Doesnt that look bad in the courst eyes? I just dont see why i would send my kids to daycare if im temporarily jobless and home!

Just want to be fair!

Thank you! Thank you! Thank you!

If you feel that it's morally wrong, why not simply send him a check to reimburse him for the daycare?

Win/win - you get the kids, he doesn't have to modify, and you can return to the original order once you do get a job!

 

[commentator]

Your job search while you are receiving unemployment insurance is supposed to be sincere enough and vigorous enough that you are prepared to take another job immediately.

I wouldn't think of turning over part of the child support that is supposed to cover day care. Unemployment insurance weekly benefits in Florida isn't much money at all, much less than you were getting when you were working. How could he say he wants to lower the child support because YOUR income is lower? For goodness sake, you need that money that was formerly going to day care, and hopefully will be to daycare again very soon when you find another job, to feed and clothe and shelter these kids! Why should you feel guilty about it?

 

[Proserpina]

Your job search while you are receiving unemployment insurance is supposed to be sincere enough and vigorous enough that you are prepared to take another job immediately.

I wouldn't think of turning over part of the child support that is supposed to cover day care. Unemployment insurance weekly benefits in Florida isn't much money at all, much less than you were getting when you were working. How could he say he wants to lower the child support because YOUR income is lower? For goodness sake, you need that money that was formerly going to day care, and hopefully will be to daycare again very soon when you find another job, to feed and clothe and shelter these kids! Why should you feel guilty about it?

The problem is, Dad CAN file to modify the order based upon Mom no longer needing daycare.

If he's paying for it and the kids aren't going, he has every right to do so and it would likely be granted.

 

[LdiJ]

The problem is, Dad CAN file to modify the order based upon Mom no longer needing daycare.

If he's paying for it and the kids aren't going, he has every right to do so and it would likely be granted.

Unless of course mom is re-employed by the time that it gets in front of a judge.

 

[commentator]

Unemployment insurance isn't a career choice or a wonderful opportunity to raise your own children. I would, if I were she, continue to keep the kids in a day care at least some of the time, which she devotes to her job search till she finds something else, very quickly!

 

[Ohiogal]

Unless of course mom is re-employed by the time that it gets in front of a judge.

No. he could still have it modified for the time during which mom was UNEMPLOYED and NOT needing daycare and then the modification CAN be altered again to reinstate day care expenses.

 

[OHRoadwarrior]

If you want to be "fair" take the portion that would have covered daycare and send it back threw CS, to lower his arrears.

 

[LdiJ]

No. he could still have it modified for the time during which mom was UNEMPLOYED and NOT needing daycare and then the modification CAN be altered again to reinstate day care expenses.

Yes, but judges rarely make downward retroactive modifications. By then the CS was already spent and it would be a hardship on the children for the CP to have to repay money already spent.

 

[CourtClerk]

Yes, but judges rarely make downward retroactive modifications. By then the CS was already spent and it would be a hardship on the children for the CP to have to repay money already spent.

Are you prepared to bet your next paycheck on that? In a case in FL? There is no reason why a judge wouldn't order a credit for the amount the CP was overpaid.

 

[LillianX]

Are you prepared to bet your next paycheck on that? In a case in FL? There is no reason why a judge wouldn't order a credit for the amount the CP was overpaid.

Yeah, I can see a judge ordering a credit to the arrears.